Rational Security 2.0: The 'Escalatory Alan' Edition

Jen Patja, Alan Z. Rozenshtein, Quinta Jurecic, Scott R. Anderson, Natalie K. Orpett
Wednesday, October 5, 2022, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

This week, Alan, Quinta, and Scott sat down with unofficial fourth co-host, Lawfare executive editor Natalie Orpett, to discuss the week’s big national security news, including:

  • “That’s one, one disqualified elector. (Ah ah ah.)” Both the House and Senate finally seem ready to reform the Electoral Count Act, the ambiguity-ridden statute that has (kind of) governed how Congress counts electoral votes since 1887. What threats to our elections process will these reforms fix? Which will they leave unaddressed?
  • “It’s No Longer A-Me, Mario.” Recent elections are set to replace Italian Prime Minister Mario Draghi with none other than Giorgia Meloni, the leader of the far-right Brothers of Italy movement. What does her victory mean for democracy in Italy and across Europe?
  • “Narcnado.” The Treasury Department’s decision to sanction Tornado Cash, an open source cryptocurrency tumbler, has privacy and technology advocates crying foul. Will the sanctions survive a coming legal challenge? Does it put First Amendment rights at risk?

For object lessons, Alan confessed his love of Jon Hamm, particularly in the movie "Confess, Fletch." Quinta recommended journalist David Enrich's deep dive into the big law firm Jones Day, "Servants of the Damned." Scott urged listeners to check out both his long-awaited report on standing doctrine and the late Loretta Lynn's rocker "Portland, Oregon" off her album with Jack White, "Van Lear Rose." And Natalie passed along a recent very real, non-satirical filing before the Supreme Court by America's finest news source, The Onion.


Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years. She also served as counsel to the National Security and Foreign Policy Legal Team of the Biden-Harris Transition Team.

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